Political Science 239/IR 239
Spring 2016
Terry Schley Noto
tnoto@rochester.rr.com
INTERNATIONAL ENVIRONMENTAL LAW AND POLICY
COURSE OUTLINE AND READINGS:
The class will include considerable class discussion as well as lectures. There will be
some short assignments and papers, a midterm, a group project focused on a specific case
study, a project focused on addressing an emerging environmental issue and the
challenge of climate change, and a final exam. Class attendance is expected; grades will
reflect attendance and participation.
OFFICE HOURS & COMMUNICATION:
I will have office hours after class from 3:15-4:00 Mondays and Wednesdays in Harkness
Room 308 or by appointment. The best way to contact me is by e-mail
(tnoto@rochester.rr.com), but also please feel free to call me at 383-0358.
As needed, I will e-mail you, so please check your e-mail.
TEXTS:
Oliver A. Houck, Taking Back Eden – Eight Environmental Cases that Changed the
World, Island Press, 2010.
Regina S. Axelrod, Stacy D. VanDeveer, eds., The Global Environment – Institutions,
Laws and Policy (4th Edition, Sage 2015)
James Gustave Speth, “Red Sky at Morning” (Yale University Press, 2005)
James Salzman and Barton H. Thompson, Jr., Environmental Law and Policy (3rd
Edition, Foundation Press 2010)*
David Hunter, James Salzman, Durwood Zaelke, International Environmental Law and
Policy (4th Edition, Foundation Press 2011)**
*NOTE: Do not buy the most recent – 4th edition – of this book; it does not have the
international environmental law content needed. There are ample (and budget friendly)
used copies available.
**NOTE: This is an expensive casebook for law students. Several copies will be on
reserve in the library. We are also using the 4th Edition to accommodate any students
who would like to purchase used editions of this text book.
Additional readings will be available on electronic reserve. All readings are required and
should be read before class to enhance the value of both the lectures and the discussion.
ASSIGNMENTS:
Written assignments: Should be typed, double-spaced (1 inch margins and 12 pt font).
Page lengths will be noted in this syllabus for each written assignment. Pay careful
attention to the directions for each written assignment in the handout for that assignment.
Written assignments should be printed out and handed to me in class the day they are
due. Late work may be accepted with advance permission. I reserve the discretion to
accept late work without advance permission, but points will be deducted from your
grade.
Note that it is possible that changes may occur in the schedule. If you miss a class, it is
your responsibility to find out what the assignment is for the next class period.
GRADING: Class attendance, participation & Group projects (powerpoint, discussion)
15%; Papers 25%; Midterm 25%; Final 35%.
SCHEDULE OF CLASSES:
I. Introduction: What is international environmental law? (Jan. 13-25)
Jan. 13
Introduction and discussion – We will review the syllabus, expectations
for this class, and class structure. We will share our interests in studying international
environmental law and policy. We will discuss: What is international environmental law
and policy? Why study it? Why is it controversial? Why is it so badly needed? What are
some of the global environmental challenges and regional environmental challenges that
give rise to international environmental law? What is the role of international
environmental law in a changing world?
Reading: The Global Environment, pp. 1-10
International Environmental Law and Policy (on reserve in library), Ch. 1
pp. 1-39
Jan. 20
Root causes of global environmental problems, general principles of
international environmental law, and states, international organizations, and non-state
actors – Root causes (e.g., consumption, population, technology, and failures of
governance). General principles (including sustainability and economic development),
general rules of environmental law as recognized by the International Court of Justice,
science and the precautionary principle, etc. International community (states,
international organizations, and non-state actors).
Reading: The Global Environment, Ch.2 pp. 26-48
International Environmental Law and Policy (on reserve in library),
Ch. 2 pp. 40-42, 61-65, 74-77, 86-88
Jan. 25
The Historical Context of International Environmental Law and
Institutions & Group Discussion of Sustainable Development Concept: Modest
beginnings (fisheries and fur seals), UN and UNEP (catalyzes UNCLOS, etc), 1972
Stockholm Conference to 1992 Rio Earth Summit (the Brundtland Report, the Rio
Declaration, the Forest Principles, Agenda 21), Rio to Copehagen. Sources of
International Environmental Law and general principles. Class will be divided into
groups for group discussion of sustainability during class.
Reading: The Global Environment, Ch. 3 pp. 53-78
Handout on Sustainable Development
II. The Hole in the Stratospheric Ozone Layer & the Montreal Protocol: Mobilizing
an Effective International Response (Feb. 1-8)
Jan. 27
The Hole in the Stratospheric Ozone Layer: Overview, the Vienna
Convention, the Montreal Protocol and the structure of the Ozone Regime. The
precautionary principle, emerging science, shifting public opinion, industry innovation
(CFC substitutes), trade measures, aid (the Multilateral Fund), and administration. Role
of the U.S. Handout provided in class for group discussion in next class.
Reading: Environmental Law & Policy (3rd Edition), Ch. 5 pp. 113-121
Feb. 1
The Success of Global Ozone Policy: Examining the scientific, economic,
institutional and political factors that contributed to creation and administration of
successful Ozone Regime. Traditional obstacles to effective global policy and how these
were overcome by advancing scientific knowledge & discovery, changing economics,
public perception and potential health impacts, existence and structure of relevant
international institutions, and wise regime design choices. In class group discussion of
ozone regime design choices.
Reading: The Global Environment, Ch. 4 pp. 83-105
Handout for group discussion
Feb. 3
Will the Ozone Layer Recover by 2050-2100?: Addressing challenges
including exemptions, compliance, waste, funding and impact of climate change. Track
record and procedures for monitoring, assessment, compliance, funding and change.
Impact of exemptions, including issue of U.S. agriculture and methyl bromide. Issue of
emissions from old equipment and waste. In class group discussion of international
challenge of addressing ozone layer depletion versus climate change.
Reading: The Global Environment, Ch. 5 pp. 110-127
Keith Bradsher, “Push to Fix Ozone Layer and Slow Global Warming” New York
Times (Mar. 15, 2007)
Joanna Foster, “The Enduring Effects of Ozone Depletion” New York Times
Green Blog Post (Feb. 1, 2013)
“Ozone Layer on Track to Recovery: Success Story Should Encourage Action on
Climate” UNEP News Centre (Sep. 1, 2014)
Brian Handwerk, “Whatever Happened to the Ozone Hole?” National Geographic
News (May 7, 2010)
III. Biological Diversity, Endangered Species and Regulating Trade in Wildlife
Feb. 8
Biological Diversity & 6th Wave of Extinction: What is biological
diversity? “Hot spots” of biodiversity, ecosystem services, and biophilia. Threats to
biodiversity – poverty, habitat conversion, overutilization, poaching, invasive species,
etc. Tipping points, most threatened families of species, IUCN Red List. Is this a global
or regional challenge? Is this a cumulative or systemic problem? The Biodiversity
Convention and related conventions (Ramsar, Migratory Species, UNESCO World
Cultural and Natural Heritage Convention, and Desertification). In class, group
discussion of international biological diversity goals.
Reading: International Environmental Law & Policy (on reserve in library), Ch.
15 pp. 981-999
Josh Glancy, “E.O. Wilson: King of the Ants Has the Gigantic Task of Saving Us
All” (The Sunday Times, Nov. 9, 2014), eowilsonfoundation.org/Sunday-timeseo-wilson-king-of-the-ants-has-the-gigantic-task-of-saving-us-all/
Viewing: The IUCN Red List of Threatened Species 2015 Photo Gallery,
www.iucnredlist.org/photos/2015 .
Optional viewing: The Atlantic PHOTO, Animals in the News (May 4, 2011)
Short paper (due Feb 15): handout provided in class. Paper will focus on
international environmental protection challenge regarding a particular species
(e.g., elephants, mahogany, sturgeon, bluefin tuna, sharks)
Feb. 10
Genetic diversity, biotechnology, intellectual property, traditional
knowledge and use, and agriculture (crop diversity, GMOs, etc): Traditional knowledge,
bioprospecting, and balancing conservation, access, equitable sharing of benefits in a
sustainable way. Nagoya Protocol on Access and Benefit Sharing (ABS), Cartagena
Protocol (biosafety), N/S issues, Trade-Related Aspects of Intellectual Property Rights
(TRIPS).
Reading: The Global Environment, Ch. 12 pp. 283-301
International Environmental Law & Policy (on reserve in library), Ch.15 pp.
1008-1028; 1033-1042
Feb. 15
Carrots and Sticks – Regulation of Trade (Convention on International
Trade in Endangered Species (CITES)), International Environmental Funding
Mechanisms (GEF, ABS, etc), Enforcement issues: How does CITES work? How are
species listed? Does it ban trade in all listed species (significance of Appendix I, II, and
III)? How does the permitting system work and who implements CITES at the State level
(Management & Scientific Authorities)? What is Global Environment Facility and what
incentive mechanisms does it provide developing countries? Enforcement issues: tackling
demand side and/or poaching?
Reading: International Environmental Law & Policy (on reserve in library), Ch.
15, pp. 1068-1072, 1081-1087
Zach Goldhammer, “Can You Wage a War on Poaching?” The Atlantic Monthly
(Aug. 7, 2014)
I.S., “The endangered species trade: On the Way Out” The Economist (Mar. 16,
2013)
Caroline Davies, “Prince Charles: world must ‘attack demand’ for illegal wildlife
products” The Guardian (Feb. 13, 2014)
Short Paper Due: Hand in printed copy to me in class.
IV. Hazardous Waste, Transboundary Movement of Hazardous Waste, “Toxic
Colonialism,” and The Basel Convention (Feb. 22-24)
Feb. 17
Hazardous Waste, Transboundary Shipment & Disposal, “Toxic
Colonialism and the Strategy & Structure of the Basel Convention: What is waste? What
is hazardous waste? What is “toxic colonialism?” Design of Basel Convention as a global
notice and consent regime, not a ban. How does the Basel Convention work? Why didn’t
the U.S. ratify and what role is the U.S. playing? Economics, politics and ethics of
exporting hazardous waste. Recovery and recycling industry. Economic, political and
ethical challenge.
Reading: Environmental Law and Policy (3rd Edition), pp. 213-220
The Global Environment, Ch. 11 pp. 259-279 and Ch. 6 pp. 143-144.
Feb. 22
25-Years Later: How is Basel Convention Working?: Is Trade-Related
Strategy Sufficient and Appropriate? What Should the Goals of International Hazardous
Waste Regulation Be? How do N/S State Perspectives Impact this Analysis? What are the
concerns re e-waste? Bamako Convention, etc. Liability. Groups will be assigned in class
and handout provided for Wednesday’s group discussion.
Reading: Laura Pratt, “Decreasing Dirty Dumping? A Reevaluation of
Toxic Waste Colonialism and the Global Management of Transboundary
Hazardous Waste,” 35 William & Mary Environmental Law & Policy
Review 581 (2011)
International Environmental Law & Policy (on reserve in library), Ch.14
pp. 959-967.
Feb. 24
Group Discussion on International Shipment, Recycling, Disposal and
Impacts of e-Waste: Each student will come to class prepared to discuss e-Waste issue
and the questions in the handout with his/her group. Each group will report on its answers
at the end of class. Issues to be considered will include: Size, source and impacts of eWaste issue in Asia and Africa, role of NGOs, such as Basel Action Network (BAN),
legal implications (Basel Convention, definition of hazardous waste, Basel Ban
amendment, and PIC – prior informed consent), free trade and recycling, human rights
and “toxic trespass,” and voluntary initiatives: Solving the E-waste Problem (StEP)
global initiative.
Reading: See handout.
YouTube: “Ghana – World’s Toxic Dumping Ground” (BBC) (Feb 15,
2014)
Feb. 29
Review for Midterm Exam
Mar. 2
MIDTERM EXAM
Mar. 7-9
NO CLASS – SPRING BREAK
V. Forests: Significance, State of World’s Forests, Absence of Global Forests
Convention & Binding Protocol, EU’s FLEGT Action Plan & Climate Change
Mar. 14
Importance of Forests, State of the World’s Forests, Concept of
Sustainability, International Forest Principles: Ecosystem services provided by forests.
Thorny issues of forest protection, logging, illegal logging, conversion of forests,
desertification and climate change. Why isn’t there a global forest convention? Assign
groups for group project; handout for group project will be provided.
Listening: “The Rain Forest Was Here: Scientists Say the Amazon is Still
Teaching Us New Lessons” (NPR Morning Edition: Nov. 12, 2015)
Reading: International Environmental Law & Policy (on reserve in library),
Ch.16 pp. 1144-1150.
Jeff Tietz,“The Fate of Trees: How Climate Change May Alter Forests
Worldwide” (Rolling Stone Magazine, March 12, 2015)
Helen MacDonald, “Dead Forests and Living Memories” (New York Times
Magazine, Sept. 17, 2015)
Mar. 16
Forest Powerpoint Presentations and Discussion: Each group will present
its 15 minute powerpoint on its assigned forest ecosystem and participate in class
discussion.
Reading: Taking Back Eden and other research for powerpoint presentation.
Mar. 21
Forest Powerpoint Presentations and Discussion: Continued group
powerpoint presentations and class discussion.
Mar. 23
Implementation of EU’s Forest Law Enforcement, Governance and Trade
(FLEGT) Action Plan. What is FLEGT? How is sustainable forest management through
trade and regulation working in the Absence of a Global Forest Protocol?
Video: “The Story of FLEGT”
Reading: “The Voluntary Partnership Agreement (VPA) Process in Central and
West Africa: from theory to practice” (Food and Agriculture Organization of the
United Nations, Rome, 2014)
VI. Climate Change:
Mar. 28
Climate Change Challenge: Science, greenhouse gases, timeline, tipping
points, feedback loops. Intergovernmental Panel on Climate Change reports. Scientific
opinion v. public perception of scientific opinion. Sources of greenhouses gases (energy,
agriculture, transportation, etc.).
Reading: Environmental Law and Policy (3rd Edition), pp. 121-129
Justin Gillis, “Short Answers to Hard Questions About Climate Change” (The
New York Times, Nov. 28, 2015)
Charles C. Mann,“How to Talk About Climate Change So People Will Listen”
(The Atlantic Monthly Magazine, Sept. 2014)
Eric Holthaus, “The Point of No Return: Climate Change Nightmares Are
Already Here” (Rolling Stone Magazine, Aug. 5, 2015)
Joel Achenbach, “Why Do Many Reasonable People Doubt Science?” (National
Geographic Magazine, Mar. 2015)
Viewing: “Climate Change 101 With Bill Nye the Science Guy”
(smithsonianmag.com)
“John Oliver, Climate Change and the existence of Jesus” (Last Week
Tonight with John Oliver, Feb. 9. 2015)
Mar. 30
Globalization and Sustainability: Tension between globalization,
capitalism, consumption and sustainability. In class, group discussion of consumption,
sustainability, ethics and religion.
Reading: James Gustave Speth, “Red Sky at Morning” (Yale University Press,
2005) Ch. 6-8 (pp. 119-171)
Paul Ehrlich, Gretchen Daily, Scott Daily, Norman Myers, James Salzman,“No
Middle Way on the Environment” The Atlantic online (December 1997)
Pete Spotts, “Why some Americans remain skeptical about climate change” The
Christian Science Monitor (Dec. 1, 2015)
April 4
Conference Efforts Leading up to United Nations Climate Change
Conference in Paris (COP 21): Intergovernmental Negotiating Committee on Climate
Change; 1992 Climate Change Convention; 1997 Kyoto Protocol and binding targets on
developed countries; U.S. failure to ratify Kyoto Protocol; 2009 Conference of the Parties
in Copenhagen. Failure of U.S. to pass cap & trade legislation.
Final Paper (due April 27): Will provide handout in class for a 4-5 page final
paper on climate change.
Reading: The Global Environment, Ch. 6 pp. 138-142; Ch. 10 pp. 234-254.
Coral Davenport, “A Climate Deal, 6 Fateful Years in the Making” (New York
Times, Dec. 13, 2015)
April 6
China, India and the U.S.: Obama Administration 2014 Agreement with
China. Obama executive orders and Climate Action Plan. World Bank report –
“Decarbonizing Development.” China’s changing views on climate and current air
pollution crisis.
Reading: The Global Environment, Ch. 8-9 pp. 187-229
Eduardo Porter, “India is Caught in a Climate Change Quandry” (New York
Times, Nov. 10, 2015)
April 11
United Nations Climate Change Conference in Paris (COP 21): TBA.
Reading: TBA
April 13
United Nations Climate Change Conference in Paris (COP 21): TBA.
Reading: TBA
April 18
United Nations Climate Change Conference in Paris (COP 21): TBA.
Market-enabled, voluntary national targets
Reading: TBA
April 20
United Nations Climate Change Conference in Paris (COP 21): TBA.
Reading: TBA
Henry Gass, “Why climate change isn’t a winning issue in US politics” The
Christian Science Monitor (Nov. 30, 2015)
April 25
No Class – Work on Final Paper.
I will be available in my office during office hours and during class to answer any
questions. I am also happy to meet with you by appointment as well.
April 27
Review for Final Exam
Final Paper: Due in class.
May 3
Final Exam